- 英文摘要
- Matched orders for securities listed on stock exchanges market and traded over the counter market are prohibited by the Article 155, paragraph 1, subparagraph 3 and paragraph 2 of the Securities and Exchange Act in Taiwan. Basically, the illegal matched orders must have the subjective constitutive elements, and the key lies in the subjective scienter of the actor. Since judgments of subjective scienter usually must rely on objective transaction conditions to be confirmed, which often leads to major disputes in judicial practice. In particular, what benchmark or test method should be used to determine that the buyer and the seller have a subjective conspiracy to contact, and the transactions of a specific securities at an agreed price actually involves the level of identification of the specific facts of the case, and it depends on the competent court to judge each behavior. It can be inferred from objective factors such as the status of the order placed by the actor, the reason for the result of the matching, the number of days and the frequency.
In addition to analyzing the legislative evolution, legal basis, and illegal constitutional elements of the matched orders, this article also provides a brief commentary on the two criminal judgments of the Taipei District Court [107] Jin-Chong-Su-Zi No. 17 (Taiwan) and [109] Jin-Chong-Su-Zi No. 12 (Taiwan). Finally, the conclusion of this article is presented for consideration.
- 目次
- 壹、楔子
貳、我國相對委託規範之立法沿革及法理基礎
一、立法沿革
二、法理基礎
參、美國及日本之立法例
一、美國立法例
二、日本立法例
肆、我國法之規範構造及構成要件
一、主觀不法構成要件及認定基準
二、客觀不法構成要件及認定基準
三、抽象危險犯或具體危險犯？
伍、案例事實及判決評釋
一、案例事實
二、判決要旨
三、判決評釋
陸、結論
